There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 21 - JUDICIAL REMEDIES
Chapter 27 - Habeas Corpus
Section 21-27-5 - Writ awarded unless application shows no right to relief.
21-27-5. Writ awarded unless application shows no right to relief. The court or judge to whom the application for a writ of habeas corpus is made, shall forthwith award the writ, unless it shall appear from the application itself or from any document annexed thereto, that the applicant can neither be discharged nor admitted to bail, nor in any other manner relieved.Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501.
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